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(영문) 대구지방법원 포항지원 2014.04.30 2014고정134
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 1,200,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. At around 11:30 on January 6, 2014, the Defendants ordered the victim D’s “E” restaurant operated by the victim D in the north-gu, Northern-gu, to drink and demand the payment of the food value, the victim demanded the payment of the food amount after drinking at the 2-ju, 1 disease, 1 disease, and 2-kim-ju, 2-kick-gu, and 2-kick-gu, 2007.

The Defendants obtained pecuniary benefits by preventing the victims of food, which are hot, from demanding 30,000 won in food value.

2. At around 14:20 on January 6, 2014, the Defendants: (a) ordered 500 m3 2 m3 and 1 m3 m3 m3 m3 m3 m3 in the “H” restaurant operated by the victim G in the north-gu, North Korea at the port; and (b) demanded the payment of the amount of food by the victim; (c) after gathering three m3 m3 m3 m3 m3 m3 m3 m3 m3 m3 m3 m3 m3 m3; (d) the Defendant m3 m3 m3 m4 with the victim’s wife “at any time, m4 m3 m3 m3 m3 m4; and (e) the victim’s wife m4 m3 m3 m3 m4 m3 m4 m4 m3 m4 m4.

The Defendants obtained pecuniary benefits by preventing the victims of food, which are hot, from demanding 11,500 won in food value.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Application of each receipt, photograph, and statutes;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 350 (1) of the Criminal Act, the selection of fines, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The order of provisional payment:

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